Turtle Talk

As a result of the Second Circuit’s recent Golden Feather decision.

Here are the materials in United States v. Morrison (previous post here):

Motion for Reconsideration

DCT Order Dismissing Count Two

An excerpt:

Based on the Second Circuit’s March 4, 2010 decision in City of New York v. Golden Feather Smoke Shop, Inc., 597 F.3d 115 (2d Cir. 2010), I have reconsidered, and changed my earlier determinations that defendant’s motions to dismiss Count Two on substantive due process grounds lacked merit. As a result, the conviction under Count Two is vacated, and the Count is dismissed.